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Madras High CourtCRL OP(MD)/12863/2022disposed of

S.Saraswathi v. The Superintendent Of Police

2022-07-18Honourable Mr Justice V.Sivagnanam6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM S.Saraswathi

...Petitioner

Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Karur District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Aravakurichi, Karur District.

3.The Inspector of Police, Office of the Inspector of Police, Chinnatharapuram Police Station, Karur District.

4.Selvaraj 5.Saravanan 6.Murugesan 7.Sasikumar

...Respondents

Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the respondent No.1 to transfer the complaint, dated 25.06.2022 given before the respondent No.3 and entrust the same to respondent No.2 or any other competent authority to initiate the investigation. 1/6

For Petitioner : Mr.R.Alagumani For R1 - R3 : Mr.R.Sureshkumar Government Advocate (Crl.side)

ORDER

This Criminal Original Petition is filed to direct the first respondent to transfer the complaint, dated 25.06.2022 given before the third respondent and entrust the same to the second respondent or any other competent authority to initiate the investigation.

2.The learned counsel appearing for the petitioner submitted that the petitioner's son, namely, Easwaramoorthy fell in love with one Shobana, D/o.Selvaraj and they got married in the year 2015. Due to misunderstanding between them, the said Shobana left the matrimonial home and she is living in her parents' home for the past four years. Hence, the petitioner's son has filed a petition for restitution of conjugal rights to live with his wife Shobana and his wife Shobana has filed a divorce petition and both the petitions are pending before the Court. Pending the same, they attempted to consider the matter between the family members. On 14.06.2022, one Saravanan, S/o.Thannasi relative of Shobana called the petitioner's son for peace talk and later started to abuse the petitioner's son in filthy language and also threatened him with 2/6

deadly weapons. Hence, the petitioner gave a complaint to the third respondent police on 20.06.2022 and previously, the petitioner also gave a complaint on 15.06.2022. But, so far, no action has been taken. Therefore, he filed this petition.

3.The learned Government Advocate (Crl.side) appearing for the respondent police submitted that the based on the complaint given by the petitioner dated 15.06.2022, C.S.R.No.88 of 2022 has been given and the petitioner has not attended for enquiry, hence, the respondent police closed the same. Subsequently, the petitioner gave another complaint on 08.07.2022 and the same is pending before the respondent police. He further submitted that the respondent police is ready to consider the representation with the co-operation of the petitioner.

4.Recording the said submission made by the learned Government Advocate (Crl.side), the petitioner is hereby directed to co-operate for enquiry and the third respondent is directed to complete the enquiry upon the complaint, dated 08.07.2022 and to take suitable action on merits, within a period of four weeks from the date of receipt of a copy of this order. 3/6

5.With the above direction, this Criminal Original Petition stands disposed of.

18.07.2022 Index : Yes / No Internet : Yes/ No vsd To 1.The Superintendent of Police, Office of the Superintendent of Police, Karur District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Aravakurichi, Karur District.

3.The Inspector of Police, Office of the Inspector of Police, Chinnatharapuram Police Station, Karur District.

4.Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/6

5/6

V.SIVAGNANAM, J.

vsd 18.07.2022 6/6